Legal Opinion
Gutman v. Howard Savings Bank
District Court, D. New Jersey
Decided November 27, 1990No. Civ. A. 89-5131 (Formerly Civ. A. 90-2397)PublishedCited by 63 opinions
1Opinion of the Court
OPINION
WOLIN, District Judge.
Defendants have moved pursuant to Federal Rule of Civil Procedure 9(b) to dismiss plaintiffs’ fraud claim against defendants on the grounds that plaintiffs’ averments of fraud are not sufficiently specific. Defendants move in the alternative under Rule 12(e) for a more definite statement of these averments.
Defendants have also moved to dismiss pursuant to Rule 12(b)(6). Defendants argue that plaintiffs’ allegations of fraud and negligent misrepresentation fail to state claims upon which relief can be granted because plaintiffs have not alleged that they either…
2Cases cited33 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Fed. Sec. L. Rep. P 95,228 Rocco Dileo and Louise Dileo v. Ernst & YoungCourt of Appeals for the Seventh Circuit · 1990
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
- Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983
28 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Holmes v. GrubmanCourt of Appeals for the Second Circuit · 2009
- Small v. Fritz Companies, Inc.California Supreme Court · 2003
- Grant Thornton LLP v. Prospect High Income FundTexas Supreme Court · 2010
- Shapiro v. UJB Financial Corp.Court of Appeals for the Third Circuit · 1992
- Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLCDistrict Court, S.D. New York · 2006
58 more not listed; retrieve them via the Exa API.